Collier v Williams [2006] EWCA Civ 20 (25 January 2006)

Collier v Williams [2006] EWCA Civ 20 (25 January 2006)

Where a defendant nominates a solicitor's address for service, service at that address by permitted methods is valid without written confirmation of authority to accept service; 'solicitor acting' in CPR 6.5(6) means acting so as to be authorised to accept service; 'last known residence' is determined by the claimant's honest and reasonable belief; and the court has jurisdiction to reconsider without notice applications refused on paper under CPR 23.8(c) and CPR 3.3(5).

Citation
[2006] EWCA Civ 20
Parties
Appellant: Collier; Respondent: Williams; Appellant: Marshall Rankine & Anr; Respondent: Maggs; Appellant: Leeson; Respondent: Marsden & Anr; Appellant: Glass; Respondent: Surrendran
Jurisdiction
England and Wales
Judgment Date
25 January 2006
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Multiple Joined Appeals
Outcome
Appeals allowed in part and dismissed in part; specific orders made in each joined appeal as per judgment.
Legal Topics
Service of Process, Extension of Time for Service, Interpretation of CPR 6.4, 6.5, 7.6, Jurisdiction to Reconsider Without Notice Applications
Civil Procedure Service of Process Extension of Time for Service Interpretation of CPR 6.4, 6.5, 7.6 Jurisdiction to Reconsider Without Notice Applications

Case Brief

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Parties

Collier

Appellant

Williams

Respondent

Marshall Rankine & Anr

Appellant

Maggs

Respondent

Leeson

Appellant

Marsden & Anr

Respondent

Glass

Appellant

Surrendran

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Multiple Joined Appeals

Legal Issues

  1. 1 Whether service of a claim form on a nominated solicitor is valid absent written confirmation of authority to accept service under CPR 6.4(2) and 6.5
  2. 2 Meaning of 'solicitor acting' and 'last known residence' in CPR 6.5(5)-(6)
  3. 3 Whether the court has jurisdiction to reconsider a without notice application refused on paper or if appeal is the only route

Ratio Decidendi

Where a defendant nominates a solicitor's address for service, service at that address by permitted methods is valid without written confirmation of authority to accept service; 'solicitor acting' in CPR 6.5(6) means acting so as to be authorised to accept service; 'last known residence' is determined by the claimant's honest and reasonable belief; and the court has jurisdiction to reconsider without notice applications refused on paper under CPR 23.8(c) and CPR 3.3(5).

Court Disposition

Appeals allowed in part and dismissed in part; specific orders made in each joined appeal as per judgment.

Orders

  • Collier v Williams: Appeal dismissed; service on nominated solicitor valid.
  • Marshall and Rankine v Maggs: Appeal allowed; service at last known address valid if honestly and reasonably believed; 'solicitor acting' requires authority to accept service.